FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1996-462
July 23, 1997

In the Matter of a Complaint by Philip G. Savva, Complainant
against
Clinton Police Department, Respondent

The above-captioned matter was heard as a contested case on March 18, 1997, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. The respondent is a public agency within the meaning of 1-18a(a), G.S.

2. By letter of complaint filed with the Commission on October 28, 1996, the complainant alleged that the respondent had not fully complied with the Commission’s order and final decision in Docket #FIC 1995-401, Philip G. Savva against Clinton Police Department, to provide him with copies of all reports relating to incidents at "15 Maple Avenue, Clinton, Connecticut, and involving Maureen Dunn."

3. The Commission takes administrative notice of its final decision in contested case docket #FIC1995-401 and incorporates by reference as if fully stated herein the findings of fact, conclusions of law and order in that final decision.

4. It is found that by affidavit dated October 7, 1996 the chief of the respondent department stated that the respondent’s files had been thoroughly searched and copies of all records concerning Maureen Dunn at 15 Maple Avenue were provided to the complainant pursuant to the Commission’s order in docket #FIC 1995-401.

5. The complainant, on the other hand, contends that several reports have not been provided to him pursuant to the Commission’s order in docket #FIC 1995-401, including a report dated August 27, 1991 that was not provided to him until after he filed the complaint in this case.

Docket #FIC1996-462 Page 2

6. It is found that the August 27, 1991 report was not among the documents provided to the complainant as claimed in the police chief’s October 7, 1996 affidavit.

7. The respondent contends that the reasons that the August 27, 1991 report was not provided to the complainant prior to the filing of the appeal in this case are that: a) it understood the Commission’s order to only apply to records of incidents involving Maureen Dunn at the specified address; and b) the report was listed under Rita Dunn’s name, and not Maureen Dunn, since Rita telephoned the respondent department about the occurrence which became the subject of the August 27, 1991 report.

8. It is found that the complaint in this case resulted from the parties’ misunderstanding as to the records sought by the complainant in Docket #FIC 1995-401 as well as the Commission’s order in that case.

9. It is therefore concluded that the order in docket #FIC1995-401 needs to be clarified.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The respondent shall forthwith provide the complainant with a copy of all service and incident reports that have not already been provided to him relating to incidents at 15 Maple Avenue, Clinton, Connecticut by any occupant of the residence at that address, including Maureen, Rita, Laura and Kelsey Dunn; and copies of reports relating to incidents involving Maureen Dunn, wherever they may have taken place, including at the 15 Maple Avenue address.

2. In complying with paragraph 1 of the order, above, the chief of the respondent department shall also provide to the complainant an affidavit stating that he has caused a diligent search of all applicable department records and that either the reports provided pursuant to paragraph 1 of the order, above, constitute all outstanding reports responsive to that paragraph of the order or that no additional reports have been located as a result of the diligent search.

Docket #FIC1996-462 Page 3

Approved by Order of the Freedom of Information Commission at its regular meeting of July 23, 1997.

__________________________
Doris V. Luetjen
Acting Clerk of the Commission

Docket #FIC1996-462 Page 4

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:
Philip G. Savva
10 Paper Mill Road
Killingworth, CT 06419

Clinton Police Department
c/o John S. Bennet, Esq.
P.O. Box 959
Essex, CT 06426

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC 1996-462/FD/eal/beh/08011997